Template Air Services Agreement - ICAO

1 1 Appendix 5 ICAO Template Air Services Agreements This Appendix contains the texts of the bilateral and regional/plurilateral versions of the ICAO Template Air Services Agreements (TASAs). The TASAs are comprehensive framework air Services agreements which include draft provisions on traditional, transitional and most liberal approaches, including optional wording, to the various elements in an air Services Agreement . The wording is based on model clauses or language developed by ICAO over the years on various air Services Agreement articles such as capacity, tariffs, competition laws, doing business and safety and aviation security provisions.

2 The other source for the language in the provisions of the TASA is the practice and usage of States in their agreements; the text for most of the provisions therefore represents a distillation of the most common and current usage by States in this field. The format of the TASA is arranged in two columns. The left column sets out the actual text of an Article or Annex in the Agreement , including, if applicable, the different options and approaches (traditional, transitional and full liberalization). The various options (such as an alternative wording or provision within an article) provided within any approach, in particular the transitional approach, are not presented in any order of progression or priority.

3 The right column includes the explanatory notes that are either specific to the provision or to the article in general and which provide information on the use of a particular approach. Most of the bilateral provisions have been adapted for regional or plurilateral use by a change of wording. However, the regional/plurilateral version includes also a number of Articles that contain issues only relevant in a regional or plurilateral context, for example, Article 36 (Exceptions). The 2003 fifth Worldwide Air Transport Conference (ATConf/5) gave widespread support for the concept and contents of the TASA, its optional use by States in their air Services relationships and its further development over time by ICAO as living documents.

4 This ability to choose different approaches for different provisions in a TASA would allow States to shape agreements which best fit their own pace and path for changes in market access and other aspects of liberalization. In addition, it could help them identify potential areas and formulae for liberalization by comparing their existing agreements with the TASA. This Template will continue to be developed, particularly regarding additional material as to its application, in order to provide comprehensive guidance to States to facilitate liberalization and improve the harmonization of air Services agreements in terms of language and approach.

5 As ICAO guidance material, the TASAs are also made available in CD-ROM form, which includes a basic search engine to facilitate usage as well as each of the traditional, transitional and full liberalization approaches, in English, of the bilateral TASA in MS Word format. This will enable users to download and tailor the wording and options in the TASA to their specific needs and circumstances, particularly when preparing for air service agreements negotiations or developing their own liberalization approaches. The CD-ROM may be ordered (Order No. CD - 104) through the ICAO Document Sales Unit (Telephone: +1-514-954-8022; Fax: +1-514-954-6769; E-mail: 2 BILATERAL Template AIR Services Agreement Throughout this document: 1) an asterisk is used to indicate that a specific provision within an article is common to each of the traditional, transitional and full liberalization approaches.

6 No asterisk appears if the whole article applies to all three approaches. However in some articles, such as Designation and authorization , the provision is reproduced in full for each approach for purposes of readability and clarity of the Article; 2) in an article which provides for more than one approach, traditional, transitional, full liberalization, the same sequential order of presentation is maintained down the page, for ease of readability; 3) similarly, where there are options within an approach (for example, two options within the transitional approach) these are also provided separately, but not in any order of priority.

7 3 Table of Contents Page preamble .. 3 Article 1 Definitions .. 5 Article 2 Grant of rights .. 7 Article 3 Designation and authorization .. 8 Article 4 Withholding, revocation and limitation of authorization .. 13 Article 5 Application of laws .. 16 Article 6 Direct transit .. 17 Article 7 Recognition of certificates .. 18 Article 8 Safety .. 19 Article 9 Aviation security .. 21 Article 10 Security of travel documents .. 23 Article 11 Inadmissible and undocumented passengers and deportees .. 24 Article 12 User charges .. 25 Article 13 Custom duties .. 27 Article 14 Taxation.

8 29 Article 15 Fair competition .. 31 Article 16 Capacity .. 32 Article 17 Pricing (Tariffs) .. 36 Article 18 Safeguards .. 45 Article 19 Competition laws .. 46 Article 20 Currency conversion and remittance of earnings .. 48 Article 21 Sale and marketing of air service products .. 49 Article 22 Non-national personnel and access to local Services .. 50 Article 23 Change of gauge .. 52 Article 24 Ground handling .. 55 Article 25 Codesharing/Cooperative arrangements .. 57 Article 26 Leasing .. 60 Article 27 Intermodal Services .. 66 Article 28 Computer reservations systems (CRS).

9 67 Article 29 Ban on smoking .. 68 Article 30 Environmental protection .. 69 Article 31 Statistics .. 70 Article 32 Approval of schedules .. 71 Article 33 Consultations .. 72 Article 34 Settlement of disputes .. 73 Article 35 Amendments .. 81 Article 36 Multilateral agreements .. 82 Article 37 Termination .. 83 Article 38 Registration with ICAO .. 84 Article 39 Entry into force .. 85 Annex I Route schedules .. 86 Annex II Non-scheduled/Charter operations .. 89 Annex III Air cargo Services .. 94 Annex IV Transitional measures .. 96 Annex V Essential Service and Tourism Development Routes.

10 99 4 preamble [Option 1 of 2] The Government of .. and the Government of .. hereinafter referred to as the Parties ; The initial part of the Agreement presents the reason for entering into the Agreement and declares that they have agreed to what will follow in subsequent parts of the Agreement . Being parties to the Convention on International Civil Aviation, opened for signature at Chicago on 7 December 1944; Desiring to contribute to the progress of international civil aviation; Desiring to conclude an Agreement for the purpose of establishing and operating air Services between and beyond their respective territories; Have agreed as follows: [Option 2 of 2] The Government of.